LAWS(KER)-2023-9-129

SHEFIN NOUSHAD Vs. STATE OF KERALA

Decided On September 25, 2023
Shefin Noushad Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These applications are filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail.

(2.) The petitioner in BA No.5056/2023 is the 2nd accused in OR 2/2023 of NCB, Cochin, for the offences punishable under Sec. 8(c) r/w 20(b)(ii) (A), 22(c), 25, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short NDPS Act). In B.A.No.5302/2023, the petitioner is arrayed as the 7th accused in O.R.No.2/2023 of the NCB, Cochin, registered alleging offences punishable under Sec. 8(c) r/w 20(b)(ii)(A), 22(c), 25, 28 and 29 of the NDPS Act.

(3.) The prosecution case is that on 24/4/2023, a consignment from Gurugram, Haryana, reached Kadavanthra in favour of A1 and on a thorough investigation, it was found that A1 to A7 were involved in the dispatch and the transportation of LSD having 5.5 grams. Subsequent to that, A2, A3, A4, A5 and A6 were summoned, and A5 came along with A6 in his car. From this car, 80 grams of ganja was recovered by the NCB officers. Hence, a case under Sec. 8(c) r/w Sec. 22(c), 25, 27A, 28, and 29 of the NDPS Act was registered against the accused persons.